Received a Claim on Saturday from NCC for Lowell/Lloyds please help!

[John.123]

Hello,


I have read through the forums last few days and think amount of information and support available is great and much appreciated, and hope you can advise me with my issue below or point tonight forum apologies in advance if i have placed in wrong place.


I received a Claim form from Northampton County Court on Saturday, issue date 15th Jan 2014, by which time heart sunk and anxiety kicked in.
The details are attachment to this post but the particulars are,


Claimant is Lowell & Solicitor is BW Legal.
Amounts
Claimed is 6800.66
Court fee 190
Solicitor cost 100
Total 7090.66


Particulars of Claim
The Claimant s Claim is for the sum oi
7,090.66 being monies due from the
Defendant to the Claimant under a
Current Accounts agreement regulated by
the Consumer Credit Act 1974 between the
Defendant and
Lloyds TSB Plc
under account reference xxxxxxxxxxxxxxx
and assigned to the Claimant on 07/08/2012
notice of which has been given to the
Defendant.
The Defendant failed to maintain the
contractual payment under the terms of the
agreement and a default notice has been
served and not complied with.
The claim also includes statutory interest
pursuant to section 69 of the County Courts
Act 1984 at a rate of 8.00% per annum
daily rate of 1.34) from the date of
assignment of the agreement to the date of
issue (14/01/2014) being an amount of
704.84


My background is this,


In June 2007 my partner (not married) then decided she wanted to separate it was messy break as we had a joint property and 2 kids, I spent a lot of money on the property renovating etc used credit cards loans overdrafts etc, and owe in region of £50k, our original plan was to remortgage the house but the breakup came right in the middle!! so I ended up having to move out of family home with all this debt and move away and at the time still paying the mortgage and paying rent on a room for myself, plus child maintainance, eventually things gave and I told the ex she needs to pay the mortgage as i can’t afford or she needs to down size, so we went back and forth the mortgage was unpaid for some time so lot of arrears, and it has been on interest only since we seperated now equal or negative equity I would assume.


I have received many letters form Lowell on my various debts, I phoned them last year regarding a phone bill from tmobile and kept getting harassed for payment when all i wanted was proof that i owed this and asked they send me proof as tmobile said i owed them nothing, but this is their first claim to me so wonder if i set up payment plan with them i guess they will hit me with the rest! I stopped paying most of these around 2008.


The whole break up caused me tremendous stress and my ex partner still does using my children against me, so for last few years I have buried my head in sand with this situation as I met some else and got married and found some happiness at last, but I really want try and resolve this situation but have no idea where to start, I feel so helpless and I get so anxious trying to deal with this situation that I can’t mostly.


Also I work for a bank in IT department so uncertain how this will affect me as I know they credit check new starters joining the company or if I wanted to change jobs in future.


Many Thanks much appreciate your assistance


John.

[Amethyst]

Re: Received a Claim on Saturday from NCC for Lowell/Lloyds please help!

Is this is for an overdraft you had with Lloyds ?
If so was the overdraft authorised and what did it stand at when you stopped making payments into the account ? Do you remember when the account was closed/defaulted ? Was it a joint account ?

That is quite a hefty amount for an overdraft hence checking that is what it is as the rest of the wording of the claim is standard loan agreement type stuff other than the 'Current Account' wording.

[Amethyst]

Re: Received a Claim on Saturday from NCC for Lowell/Lloyds please help!

Regardless of the claim being for an overdraft or a loan/card you will need to go online ( moneyclaim ) and acknowledge receipt and tick the 'intend to defend' box. This just serves to ensure your time for sorting it out is extended to 28 days from the date of service ( 18th Jan).

I understand a CCJ can be quite a major issue if you work in the banking industry but am unaware of specific rules regarding credit checks after you have started work or apply internally for new positions - As a last resort option if it turns out the debt is legitimate and a payment offer is not accepted on its own terms, if the debt is a joint one with your ex and you still jointly own the house in which she lives (I presume your divorce is all sorted now as you have remarried - did the finances get sorted out then too ?) there is a possibility, if it comes to it, of offering a voluntary charge over the house and an installment payment plan in return for no CCJ.

Secondly you can send a ''CPR request'' for information to Lowells;

Dear Sirs,

Re: XXXX v YYYYY
Case No: xxxx

CPR 31.14 Request

On 18th January 2014 I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

• The agreement

Together with the relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

• The notice of assignment
  
  
• The default notice

Although your claim is for a sum which does not exceed £10,000.00 the case has not been allocated to a track and the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired.

In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request.

In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days after the date by which you expect to have complied with my request.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

[John.123]

Re: Received a Claim on Saturday from NCC for Lowell/Lloyds please help!

Hi thank you so much for your response,

This account was just in my name with an overdraft I remember it being about £6000 OD limit, I remember Lloyds refusing to close account as it had outstanding overdraft so unable to close, I not paid anything to it since Feb 2008 possibly maybe earlier not 100% sure, it was hefty amount and my bank seemed happy to keep giving me money! 2 overdrafts + loans, I was very irrisponsbile but somewhat feel they were too.

To you other post, I still jointly own the property and on the mortgage as the lender refused to remove me but my ex partner (was not married to her) pays the mortgage as she lives there with my children 11 & 13 plus her new partner. Unfortunately we never sorted our finances out together and 7yrs past and things still not amicable with her.

Thanks
John

[John.123]

Re: Received a Claim on Saturday from NCC for Lowell/Lloyds please help!

just to add I do not recall ever getting a default notice on this account.

[FlamingParrot]

Re: Received a Claim on Saturday from NCC for Lowell/Lloyds please help!

I received a Claim form from Northampton County Court on Saturday, issue date 15th Jan 2014, by which time heart sunk and anxiety kicked in.
The details are attachment to this post but the particulars are,

Claimant is Lowell & Solicitor is BW Legal.
Amounts
Claimed is 6800.66
Court fee 190
Solicitor cost 100
Total 7090.66

Particulars of Claim
The Claimant s Claim is for the sum oi
7,090.66 being monies due from the
Defendant to the Claimant under a
Current Accounts agreement regulated by
the Consumer Credit Act 1974 between the
Defendant and
Lloyds TSB Plc
under account reference xxxxxxxxxxxxxxx
and assigned to the Claimant on 07/08/2012
notice of which has been given to the
Defendant.
The Defendant failed to maintain the
contractual payment under the terms of the
agreement and a default notice has been
served and not complied with.
The claim also includes statutory interest
pursuant to section 69 of the County Courts
Act 1984 at a rate of 8.00% per annum
daily rate of 1.34) from the date of
assignment of the agreement to the date of
issue (14/01/2014) being an amount of
704.84

I have received many letters form Lowell on my various debts, I phoned them last year regarding a phone bill from tmobile and kept getting harassed for payment when all i wanted was proof that i owed this and asked they send me proof as tmobile said i owed them nothing, but this is their first claim to me so wonder if i set up payment plan with them i guess they will hit me with the rest! I stopped paying most of these around 2008.

Also I work for a bank in IT department so uncertain how this will affect me as I know they credit check new starters joining the company or if I wanted to change jobs in future.

Indeed it will affect you. A simple default on your credit file can stop you from getting a job in the financial sector, even if it's a non-financial role. See this: http://www.legalbeagles.info/forums/...st-defaulter-(

You say you stopped paying most of your debts in 2008, so your defaults are not far from dropping off your file, leaving it clean. Some searches only cover the last 3 years so you could even show up 'clean' right now. :thumb:

The last thing you need at this stage is a CCJ that will stay on file and on the public record, for a further 6 years. :scared: While only certain companies can conduct credit searches, the public record for CCJs can be searched by anyone.

As this is an overdraft on a current account, the usual unenforceability/CCA arguments often used to defend loans, credit cards and catalog accounts wouldn't apply. Unless you have a very good argument to dispute the debt, you may have to look at reaching an agreement with your creditor without going to court.

A Tomlin Order could be a way to stop you from getting a CCJ: http://www.wragge.com/analysis_6022.asp#.Ut1Q2vbFJGE

What are Tomlin Orders?

A Tomlin Order is a type of consent order entered into by the parties to settle litigation. It is commonly used where complex terms are agreed, or where the terms of a compromise go beyond the boundaries of the claim or where the parties wish to avoid publicity of the settlement terms.

[John.123]

Re: Received a Claim on Saturday from NCC for Lowell/Lloyds please help!

Thanks again for your reply,

To be honest I want to move abroad in 2-3 yrs so not bothered about getting credit as I have learnt my lesson, I assume a CCJ would affect me getting credit and applying for a new job? but would like to tidy this up a bit before I go.

I have completed the following,

moneyline - Acknowledged claim
posted CPR request via recorded delivery.

Many Thanks
John

[FlamingParrot]

Re: Received a Claim on Saturday from NCC for Lowell/Lloyds please help!

To be honest I want to move abroad in 2-3 yrs so not bothered about getting credit as I have learnt my lesson, I assume a CCJ would affect me getting credit and applying for a new job? but would like to tidy this up a bit before I go.

A CCJ would affect you getting a job in the financial sector, that's for sure. It could also affect your chances of getting other jobs, bearing in mind anyone can search the record for CCJs.

It can also affect you if you intend to rent another place to live. ;(

I have completed the following,

moneyline - Acknowledged claim
posted CPR request via recorded delivery.

Did you state your intention to defend in full?

[FlamingParrot]

Re: Received a Claim on Saturday from NCC for Lowell/Lloyds please help!

To be honest I want to move abroad in 2-3 yrs so not bothered about getting credit as I have learnt my lesson, I assume a CCJ would affect me getting credit and applying for a new job? but would like to tidy this up a bit before I go.

A CCJ would affect you getting a job in the financial sector, that's for sure. I could also affect your chances of getting other jobs, bearing in mind anyone can search the record for CCJs.

It can also affect you if you intend to rent another place to live.

I have completed the following,

moneyline - Acknowledged claim
posted CPR request via recorded delivery.

Did you state your intention to defend in full?

[John.123]

Re: Received a Claim on Saturday from NCC for Lowell/Lloyds please help!

ah! did i miss something? I used the template you posted I noticed it has below wording would that suffice?

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Below is copy of acknowledgement which i stated i wish to defend all the claim is that correct?

[FlamingParrot]

Re: Received a Claim on Saturday from NCC for Lowell/Lloyds please help!

ah! did i miss something? I used the template you posted I noticed it has below wording would that suffice?

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Below is copy of acknowledgement which i stated i wish to defend all the claim is that correct?

That's correct :thumb:

Only with these things, it pays to double-check, for example, some people may think they have a reason to dispute part of the debt and they tick the box saying they intend to defend part of the claim, unaware that that would land them with a CCJ for the rest. :scared:

[John.123]

Re: Received a Claim on Saturday from NCC for Lowell/Lloyds please help!

Ok great, sorry forgot to add I have also requested copy of my credit file, but how long should i wait for the CPR response ? and submit my defence by claim form is dated 15th.

Many Thanks
John

[FlamingParrot]

Re: Received a Claim on Saturday from NCC for Lowell/Lloyds please help!

Ok great, sorry forgot to add I have also requested copy of my credit file, but how long should i wait for the CPR response ? and submit my defence by claim form is dated 15th.

You have a total of 28 days from date of service to submit your defence. They should respond to the CPR request in 7 days, otherwise you can request an extension of up to 28 days. :thumb:

What do you expect to find out from your credit file?

[John.123]

Re: Received a Claim on Saturday from NCC for Lowell/Lloyds please help!

thanks for the info I'll eagerly await next 7days :-(

I was hoping my credit file might show when the default date was, or would it not show that?

Many Thanks
John

[FlamingParrot]

Re: Received a Claim on Saturday from NCC for Lowell/Lloyds please help!

thanks for the info I'll eagerly await next 7days :-(

I was hoping my credit file might show when the default date was, or would it not show that?

Yes, it should show the default date, however, that doesn't mean a lot when it comes to dealing with court claims. Default dates are not a good indication of SB status (or otherwise), sometimes defaults are recorded much later than they should, others people make payments long after defaults are recorded.